NY Requiring Lawyers to Report Out-of-State Admissions, Public Discipline
A new rule set to take effect Dec. 1 requires New York attorneys to confirm whether they remain in good standing in out-of-state jurisdictions where they are admitted to practice law. It also requires all attorneys to disclose whether they have ever been the subject of public discipline in any other jurisdiction.
November 12, 2024 at 04:05 PM
2 minute read
New York attorneys will soon be required to notify the court system about matters on which they are subject to public discipline in other states as part of forthcoming biennial reporting rules about admissions in other jurisdictions.
In a statement on Tuesday, Chief Administrative Judge Joseph A. Zayas said he signed an administrative order in consultation with Chief Judge Rowan D. Wilson and the new rules take effect on Dec. 1.
All registrations must be filed via the mandatory online system.
The amendment first requires attorneys to list any admissions, excluding pro hac vice admissions, in other U.S. states and territories, U.S. federal courts, or jurisdictions outside of the United States.
In addition, the new requirement will ask attorneys to confirm whether they remain in good standing in those jurisdictions, and to disclose whether they have ever been the subject of public discipline in any other jurisdiction and, if so, when they provided notice to New York courts, as required by the Joint Rules of the Appellate Divisions.
The statement didn’t say what prompted the rule change, and court officials couldn't immediately be reached for comment when contacted by the Law Journal on Tuesday.
New York has a reciprocal discipline process that allows appellate courts to discipline an attorney for matters that arise in other states.
As such, New York attorneys are required to notify the New York court in which they were admitted, and the appropriate grievance committee within 30 days of an out-of-state disciplinary ruling.
Nevertheless, New York attorneys sometimes forget about this rule, resulting in a potential additional sanction in the Empire State, according to retired state Supreme Court Justice Barry Kamins.
With that in mind, the chief administrative judge’s new reporting rules will be helpful to attorneys, Kamins, a partner in Aidala Bertuna & Kamins, told the Law Journal.
"In a way, it will assist them in complying with the rules. At least this will remind them of their obligations,” said Kamins, who represents attorneys in matters before grievance committees and once chaired the grievance committee in the Second, 11th and 13th judicial districts.
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